• Justice Raheel says Khula does not automatically nullify contractual obligation laid down in Nikahnama
• Wife can’t be asked to return dower received by her if marriage ended due to fault on husband’s part
LAHORE: The Lahore High Court has upheld a woman’s right to recover her full deferred dower even after obtaining a divorce through Khula, ruling that the dissolution of marriage due to the husband’s misconduct does not nullify her entitlement.
Addressing a more critical aspect of deferred dower, Justice Raheel Kamran clarified that under Islamic law and the Nikahnama (a binding contract), the husband remains obligated to pay dower unless the wife seeks Khula (dissolution of marriage) without any fault on his part.
However, the judge noted that in the particular case being heard by the court, the woman provided credible evidence of cruelty and disrespectful conduct by her husband, which prompted her to seek separation.
The judge observed that giving dowry articles to daughters is a deep-rooted practice in society, followed by the parents of all classes irrespective of their financial status.
The judge stated that the concept of Khula is based on verses No 228 and 229 of Surah Al-Baqarah. He noted that the application of Khula is found in the lifetime of the Holy Prophet (Peace be upon him) and thereafter.
Justice Kamran referred to a Federal Shariat Court judgement which held that where a wife obtains Khula merely on the basis of dislike for her husband, the dower received by her is returnable.
It also held that where a wife seeks Khula due to fault on the part of the husband by providing reasonable justification, it is not valid to require from her the return of the dower already received by her.
In such an eventuality, the judge said, it is for the court to determine the amount the wife should return, keeping in view facts and circumstances of the case.
According to the judge, a Nikahnama is a valid and binding contract between wife and husband — and deferred dower is a contractual obligation undertaken by the husband.
Contractual obligation
He said that unless there were valid legal grounds to deviate from the terms of this contract, the husband is bound to fulfill his obligation.
“The mere fact that the wife sought Khula does not automatically nullify this contractual obligation,” he maintained. In order to determine the entitlement of a wife seeking Khula to the claim of deferred dower, the judge said, the key consideration is the reason for her seeking Khula.
Where a wife seeks Khula on the ground that she dislikes her husband, without any fault on the part of the husband, she loses her right to deferred dower in the same way as in the case of prompt dower, he explained.
Conversely, if the husband’s conduct compels the wife to seek dissolution, she retains her entitlement to the deferred dower, the judge added.
Justice Kamran observed that in the instant case, the wife obtained the decree for dissolution of marriage on the basis of Khula, levelling allegations of bad conduct and disrespectful behaviour of the husband towards her.
The judge stated that the unchallenged, rather reaffirmed, allegation of bad conduct and disrespectful behaviour that amounts to cruelty provides a strong justification for the respondent/wife to be entitled to the full amount of her deferred dower in the same way as she would have been in case of divorce pronounced by the petitioner.
The judge concluded that since the marriage lasted nine years and the wife fulfilled her marital obligations, denying her the deferred dower would be unjust. The judge distinguished the case from earlier judgments cited by the petitioner’s counsel where cruelty by the husband was not proven.
The judge dismissed the husband’s petition against decisions of the district courts of Sahiwal, passed in favour of his former wife.
Published in Dawn, April 20th, 2025
